Who Should You Appoint As Your Guardian?

Choosing an Enduring Guardian is an important future planning decision.

An Enduring Guardian may be involved in personal, health or lifestyle decisions if you become unable to make those decisions yourself.

Because of this, the person you choose should be someone you trust to understand your wishes and act responsibly.

What Is An Enduring Guardian?

An Enduring Guardian is a person appointed to make certain personal, health or lifestyle decisions if you lose decision-making capacity.

The exact role and powers vary between Australian states and territories.

Enduring Guardianship is different from an Enduring Power of Attorney, which is often used for financial or legal decisions.

Who Do People Commonly Choose?

Many people choose:

A spouse or partner
An adult child
A trusted family member
A close friend
Someone who understands their health and lifestyle wishes

There is no single right answer. The best choice depends on your personal circumstances.

What Qualities Should You Look For?

A suitable guardian should usually be someone who is:

Trustworthy
Reliable
Calm under pressure
Able to communicate clearly
Willing to respect your wishes
Comfortable making difficult decisions if needed

A Real-Life Example

Imagine an older parent develops advanced dementia and can no longer make personal or health decisions.

Someone may need to discuss care options, medical treatment, living arrangements or support services.

If an Enduring Guardian has been appointed, there may be clearer authority and guidance about who should be involved in those decisions.

Should You Ask Before Appointing Someone?

Yes.

Being appointed as a guardian can involve serious responsibilities.

It is usually wise to speak with the person first so they understand the role, your wishes and whether they are willing to act if needed.

Who Should You Avoid Appointing?

Every family is different, but it may be worth thinking carefully before appointing someone who:

Does not understand your wishes
Has ongoing conflict with family members
May be unwilling to take on the role
Struggles with difficult decisions
May not be available when needed

Can You Appoint More Than One Guardian?

In some situations, it may be possible to appoint more than one person.

The rules vary depending on the laws that apply in your state or territory.

Appointing more than one person can provide support, but it can also create challenges if they disagree.

Do The Rules Differ Across Australia?

Yes.

Enduring Guardianship laws, forms and terminology vary between Australian states and territories.

Some places use different documents or arrangements for health, lifestyle and personal decisions.

It is important to understand the requirements that apply where you live and seek professional advice where appropriate.

Frequently Asked Questions

Who should I appoint as my guardian?

You should usually choose someone you trust to understand your wishes and make responsible personal, health or lifestyle decisions if needed.

Does my guardian need to be a lawyer?

No. A guardian is usually a trusted person, not necessarily a legal professional.

Can I appoint a family member?

Many people appoint a spouse, adult child or trusted family member, depending on their circumstances.

Can I change my guardian later?

In many situations, yes. Requirements vary depending on your state or territory and personal situation.

Is an Enduring Guardian the same as an attorney?

No. Enduring Guardianship usually relates to personal, health or lifestyle decisions, while an Enduring Power of Attorney often relates to financial or legal matters.

Sources and Additional Information

Related Resources

Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Guardianship laws vary between Australian states and territories.